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Mail & Guardian
3 days ago
- Health
- Mail & Guardian
From Jan Smuts to Gareth Prince: The struggle for the liberation of cannabis continues
The South African Human Rights Commission's discussions with the Rastafari and cannabis communities raised its concerns about stories of systematic and personal violations. Photo: Delwyn Verasamy As Africa Month ends, the South African Human Rights Commission (SAHRC) wishes to draw attention to a key struggle for African self-determination, remembering and 're-membering'. That struggle is the struggle for the full liberation of cannabis. Cannabis is a plant which has been used by indigenous South African people in medicinal and spiritual practices for centuries. The struggle for the right to grow, trade and use cannabis can thus be seen as a decolonial one — to reclaim and re-legitimise indigenous knowledge systems, African religion, spirituality and self-determination. The struggle has continued throughout South Africa's democratic dispensation. On 7 March 2025, the minister of health gazetted a new regulation banning cannabis and hemp foodstuffs under the Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972. After widespread contestation and backlash over the constitutionality of the regulations, the minister withdrew them three weeks later. These regulations came unexpectedly, while the Rastafari and cannabis communities were waiting for the draft regulations, which would bring into effect the Cannabis for Private Purposes Act 7 of 2024, from the justice department. The regulation by the minister came exactly a 100 years after cannabis was classified as a controlled drug in 1925 at the Geneva Opium Convention. The classification resulted from a proposal by colonial regimes, including South Africa. Prime minister Jan Smuts was a leading sponsor at the League of Nations, placing cannabis in the same category as cocaine. Cannabis communities thus considered the withdrawn regulations as continued disenfranchisement and suppression of cannabis communities. Less than two weeks prior to the gazetting of the regulation, on 26 February 2025, the SAHRC convened a meeting with other chapter 9 institutions, government departments, civil society and members of the Rastafari community from all nine provinces — the Rights of the Rastafari Roundtable. The Rastafari National Council was also represented. This provided a space for the Rastafari and other cannabis communities to engage in dialogue, to be heard, to affirm their dignity and to find solutions to the structural challenges they experience. The roundtable was precipitated by the SAHRC's discussions with the Rastafari community throughout 2024 where it was troubled by the stories of the systematic and personal violations experienced by this community. Through these sessions emerged accounts of discrimination, criminalisation and persecution — not only because of their cultivation and use of cannabis but because of the general lack of recognition for Rastafari as a community deserving of respect, protection and equal standing in society. The experience of advocate Gareth Prince is one of the better-known examples of the Rastafari struggle. In 1998, the Cape Law Society refused Prince's application to be admitted as an attorney because of his criminal record for possessing cannabis, thereby stripping him of his right to work and earn a livelihood from his profession. Prince is still unemployed and believes members of the Rastafari community are treated as 'third-class citizens' in South Africa. Prince's experience is a reality for almost all Rastafari. At community discussions and the roundtable, Rastafari parents informed the SAHRC of the humiliation at being searched by police officers in front of their children. They believe that their visible Rastafari appearance renders them easy targets for police officials, which amounts to racial and cultural profiling. They endure marital discord when they disagree with their partners on the decision to cut their children's dreadlocks, so that they can be accepted in certain schools, and due to the overt and subtle discrimination against and bullying of Rastafari children. They shared stories of living under precarious employment conditions as they endure regular drug testing by employers because of their visible Rastafari identity and appearance. They suffer unlawful searches of their homes, expulsion from schools, medical neglect at health facilities and social stigmatisation. One Rastafari delegate at the roundtable asked the government stakeholders represented: '… To what extent have your institutions decolonised and transformed? Because, from where I'm sitting, and from your presentations, you are part and parcel of the colonial legacy … because the laws that you are implementing are not the laws that represent us.' They wondered why other religious communities' marriage ceremonies were recognised by the state, but theirs were not. They wondered why their religion, with its African origins, was frowned upon by fellow Africans in an African state. They conveyed their sense of voicelessness in South Africa's democratic culture because they choose not to engage in protest action. They felt 'unseen' and 'unhuman' and carried a heavy sense of non-belonging — pariahs, even under the new dispensation. The unfair discrimination against the Rastafari community and their social position as a marginalised group has largely been left out of the popular discourse about equality and transformation in South Africa's body politic. And yet, the Rastafari community continues to experience some of the worst violations of constitutional rights, including their rights to equality, religion, culture, dignity, health and education. The gazetting of the foodstuffs regulations is an example of the exclusion of the Rastafari from the democratic processes of decision-making in matters that affect them, and is a continuation of paternalistic colonial and apartheid attitudes to this community, and the cannabis plant. Despite a 2018 constitutional court judgment which decriminalised private cannabis use by adults, as well as and the signing into law of the Cannabis for Private Purposes Act 7 of 2024, the Rastafari continue to be arrested for cannabis-related crimes. Police officials conduct these arrests in violation of an August 2023 South African Police Service directive pausing cannabis-related arrests, issued by the national commissioner of police. The Cannabis Act only allows for arrests for dealing in cannabis, where there are reasonable grounds to suspect dealing. Yet, the complaints received by the SAHRC from the Rastafari community suggest that most arrests are still for private possession and use. Because of a lack of regulations from the justice department, which would specify quantities, the definition of 'dealing' has been left to the discretion of individual police officials. Because of the continuing structural and systemic human rights violations which have left the Rastafari community unrecognised, vulnerable, marginalised and criminalised, the office of commissioner Tshepo Madlingozi, at the SAHRC's head office, has designated the Rastafari as one of its two priority communities. The office aims to continue being a partner to the Rastafari and other cannabis communities, to help them regain their human rights. To bring the Rastafari, and other cannabis communities, into the fold of South African society, the state should be more proactive in recognising them as a legitimate community that requires similar protections and measures of redress to other previously disadvantaged and marginalised communities. This includes ceasing all cannabis-related arrests, prohibiting discrimination against children with dreadlocks in private and public schools and expunging all criminal records for persons who have been convicted of cannabis-related crimes. It is imperative that the justice department urgently develops clear and precise regulations on the use and possession of cannabis, including quantities, to guide both cannabis users and the criminal justice cluster. While having been at the forefront of the fight for the decriminalisation of cannabis, members of the Rastafari community feel excluded from the recent rapid commercialisation of the plant. They report that the licensing process is too bureaucratic and expensive, creating artificial barriers to their participation in the formal cannabis economy. In the meantime, 'cannabis shops' are mushrooming in many urban centres, despite their existence in a legal grey area. These and other concerns will be taken forward by the SAHRC in partnership with the Rastafari community and other stakeholders. One such initiative was held on 13 March where SAHRC commissioners Sandra Selokela Makoasha and Philile Ntuli hosted a roundtable specifically for Rastafari women, to provide a safe space for expression and discussion of their specific experiences as a result of their multi-fold identity and intersecting social position as Rastafari, women, wives, mothers, caregivers, workers and cannabis producers and traders. But all interventions such as these, by state and non-state actors, will be rendered ineffective as long as the broader South African society continues to stigmatise and discriminate against the Rastafari. From Jan Smuts to Gareth Prince, the struggle against state overreach and for the valorisation of indigenous cultures and practices continues. Tshepo Madlingozi is a commissioner responsible for anti-racism, education and equality at the South African Human Rights Commission and Naleli Morojele is a research adviser at the commission.
The Herald
26-05-2025
- The Herald
SAHRC takes legal action against Gqeberha shop owner for displaying anti-LGBTQ+ sign
The South African Human Rights Commission (SAHRC) has announced it is initiating legal proceedings against a Gqeberha shop owner, Dawood Lagardien, for publicly displaying an anti-LGBTQ+ sign outside his business. The commission alleges the sign constitutes discrimination, hate speech and harassment against the LGBTQ+ community. The sign displayed outside Lagardien's business read: 'LGBTQ not welcome at La Gardi — Save our children.' According to the SAHRC, the signage was intended to exclude members of the lesbian, gay, bisexual, transgender, queer, intersex and asexual+ (LGBTQ+) community from accessing services offered by the business. 'In addition, the respondent established and actively managed a WhatsApp group titled 'Our Rights — anti LGBTQ+', which contains statements and material that appear to incite harm against individuals who identify as LGBTQ+ and related communities. After assessment of the complaint , the commission has concluded that the alleged actions by Mr Dawood Lagardien constitute hate speech and/or harassment as contemplated in terms of sections 10 and 11 of the Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA or Equality Act),' said the commission. The commission emphasised 'the critical importance' of fostering a society rooted in non-discrimination, while actively promoting and safeguarding the right to equality for all individuals, irrespective of their sexual orientation. 'The commission is empowered in terms of section 13(3)(b) of the South African Human Rights Commission Act (SAHRC Act), to bring proceedings in a competent court or tribunal in its own name or on behalf of a person or a group or class of people,' it said. The case is scheduled to be heard in the Equality Court sitting in the East London high court on Monday. TimesLIVE
TimesLIVE
25-05-2025
- TimesLIVE
SAHRC takes legal action against Gqeberha shop owner for displaying anti-LGBTQ+ sign
The South African Human Rights Commission (SAHRC) has announced it is initiating legal proceedings against a Gqeberha shop owner, Dawood Lagardien, for publicly displaying an anti-LGBTQ+ sign outside his business. The commission alleges the sign constitutes discrimination, hate speech and harassment against the LGBTQ+ community. The sign displayed outside Lagardien's business read: 'LGBTQ not welcome at La Gardi — Save our children.' According to the SAHRC, the signage was intended to exclude members of the lesbian, gay, bisexual, transgender, queer, intersex and asexual+ (LGBTQ+) community from accessing services offered by the business. 'In addition, the respondent established and actively managed a WhatsApp group titled 'Our Rights — anti LGBTQ+', which contains statements and material that appear to incite harm against individuals who identify as LGBTQ+ and related communities. After assessment of the complaint , the commission has concluded that the alleged actions by Mr Dawood Lagardien constitute hate speech and/or harassment as contemplated in terms of sections 10 and 11 of the Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA or Equality Act),' said the commission. The commission emphasised 'the critical importance' of fostering a society rooted in non-discrimination, while actively promoting and safeguarding the right to equality for all individuals, irrespective of their sexual orientation. 'The commission is empowered in terms of section 13(3)(b) of the South African Human Rights Commission Act (SAHRC Act), to bring proceedings in a competent court or tribunal in its own name or on behalf of a person or a group or class of people,' it said. The case is scheduled to be heard in the Equality Court sitting in the East London high court on Monday.
eNCA
23-05-2025
- General
- eNCA
eThekwini touts progress, but many still rely on water tankers
DURBAN - The eThekwini municipality says it has made significant strides in addressing its water challenges. However, it admits there are still communities severely affected by the water supply crisis. Non-revenue water remains high, at nearly 60%, costing the municipality R4 billion in two years. READ: eThekwini residents ask SAHRC to investigate water outages In the south of Durban, Burlington residents believe the municipality is not doing nearly enough to ease their hardship. Fresh water leaks for days on end from burst pipes while nothing comes out of the residents' taps. More than 7,300 leaks have been recorded in the south alone. READ: eThekwini to cut water tanker outsourcing Residents say the frequent closure and opening of valves as the City manages supply has further weakened the old supply network. Communities are calling for urgent investment in modern infrastructure to replace leaking pipes. eNCA's Zanele Buthelezi reports.
Daily Maverick
20-05-2025
- Health
- Daily Maverick
Eastern Cape cancer patients face more delays in getting critical chemotherapy
Patients, doctors and medical personnel face more chemotherapy disruptions after the Eastern Cape Department of Health said it would settle outstanding accounts with pharmaceutical companies only on Friday. The struggle for chemotherapy medication in Nelson Mandela Bay's state hospitals and at Frere Hospital in East London is likely to continue until at least the weekend, after the Eastern Cape Department of Health confirmed it would pay pharmaceutical companies that are owed millions of rands, only on Friday. With stock running dangerously low, oncologists, pharmacists and nurses have had to make excruciating decisions about who receives treatment and who does not, with some oncology units left with just one vial of the potentially lifesaving treatment. Medical staff have spent hours phoning across the province in a bid to source the drugs, particularly for children, to avoid cancer patients' treatment being interrupted. Patients' caregivers, who asked to remain anonymous, said they had been turned away when bringing children for chemotherapy. They said they had been told they would have to make a second trip when the chemotherapy drugs became available. On Monday, the Eastern Cape MEC for health, Ntandokazi Capa, promised that outstanding bills would be paid immediately; however, patients have been turned away and treatments halted. The South African Human Rights Commission (SAHRC) has launched an investigation into the repeated interruptions of cancer treatment for public healthcare patients in the Eastern Cape due to unpaid accounts. Dr Eileen Carter from the SAHRC said the Democratic Alliance (DA) had laid a complaint with them about the matter. On Monday, Capa's spokesperson, Sizwe Kupelo, said R200-million had been set aside for the procurement of essential specialist medicines, including for cancer treatment. He said R43-million of this would be used to settle debts with pharmaceutical companies. However, on Tuesday he said this payment would probably only be made on Friday. Salomé Meyer from the Cancer Alliance said they were deeply concerned about cancer services in the Eastern Cape. 'Livingstone Hospital (this includes the two cancer units at Port Elizabeth Provincial Hospital), now for the third time this year, does not have oncology medicines, and this is barely two months after the start of the new financial year. Should this trend of non-payment of invoices to suppliers continue, the lives of cancer patients will be impacted severely,' she said. Meyer said the head of the Eastern Cape Department of Health, Dr Rolene Wagner, had committed to meeting with them to find workable solutions for cancer care services in the province. The oncology units in Gqeberha previously ran out of chemotherapy medication in January after the Eastern Cape Department of Health's account with a supplier was suspended due to a delayed payment.. At the time, the medicines that were in short supply were Docetexal injection vials and anastrozole tablets. There was a similar shortage in 2023, which was blamed on a stock-out at suppliers. DM
